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- Title
The Neglected Stepchild: Military Justice and Democratic Transition in Chile.
- Authors
Pereira, Anthony W.; Zaverucha, Jorge
- Abstract
The article focuses on the judicial reforms in Chile. The characterization of these reform as a success can only be made by ignoring the issue of military justice, a justice system that affects many citizens. It is important to emphasize that the Chilean military justice system lacks certain elements of other court systems, such as the independence and autonomy of judges. In fact, its purpose is less the administration of justice than the protection of the armed forces' interests in hierarchy, discipline, and order. As long as military justice remains in its present form in Chile, it serves as a barrier to the creation of a democratic rule of law, thus damaging the prospects for democratic deepening. Military courts constitute the oldest, and often most archaic, court system in many states. Unlike their contemporaneous counterpart, ecclesiastical courts, they have rarely been abolished. In most countries they survive in the contemporary era, although typically with more limited jurisdiction than in the past. Their origin lies in the attempts of rulers to impose discipline on members of their own armed forces.
- Subjects
CHILE; CHILEAN politics &; government; JUSTICE administration; ARMED Forces; COURTS; PUBLIC administration
- Publication
Social Justice, 2005, Vol 32, Issue 2, p115
- ISSN
1043-1578
- Publication type
Article